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Question· oralPQ 26asked
Ireland · Dáil Éireann · 9 February 1994
36 Mr. R. Bruton asked the Minister for the Environment if, following his request to County Managers to draw up proposals for the alterations of boundaries of up to 62 towns, he will give the steps, if any, he will take to ensure his commitment that the capacity of County Councils as the primary units of local government will not be adversely affected by the revised town boundaries.
Question· oralPQ 25asked
Ireland · Dáil Éireann · 9 February 1994
33 Mr. J. Mitchell asked the Minister for the Environment the role of the statutory Reorganisation Commission he is setting up to consider the functions and role of urban authorities; and if he will make a statement on the matter.
Question· oralPQ 24asked
Ireland · Dáil Éireann · 9 February 1994
32 Mrs. Doyle asked the Minister for the Environment if, following his request to County Managers to draw up proposals for the alterations of boundaries of up to 62 towns, he will give the steps, if any, he will take to ensure his commitment that the capacity of County Councils as the primary units of local government will not be adversely affected by the revised town boundaries.
Question· oralPQ 23asked
Ireland · Dáil Éireann · 9 February 1994
30 Mr. Barrett asked the Minister for the Environment the role of the statutory Reorganisation Commission he is setting up to consider the functions and role of urban authorities; and if he will make a statement on the matter.
Question· oralPQ 22asked
Ireland · Dáil Éireann · 9 February 1994
28 Mr. Boylan asked the Minister for the Environment if, following his request to County Managers to draw up proposals for the alteration of boundaries of up to 62 towns, he will give the steps, if any, he will take to ensure this commitment that the capacity of County Councils as the primary units of local government will not be adversely affected by the revised town boundaries.
Question· oralPQ 21asked
Ireland · Dáil Éireann · 9 February 1994
26 Mr. McGrath asked the Minister for the Environment if, following his request to County Managers to draw up proposals for the alteration of boundaries of up to 62 towns, he will give the steps, if any, he will take to ensure this commitment that the capacity of County Councils as the primary units of local government will not be adversely affected by the revised town boundaries.
Question· oralPQ 20asked
Ireland · Dáil Éireann · 9 February 1994
23 Mr. Noonan (Limerick East) asked the Minister for the Environment if, following his request to County Managers to draw up proposals for the alterations of boundaries of up to 62 towns, he will give the steps, if any, he will take to ensure his commitment that the capacity of County Councils as the primary units of local government will not be adversely affected by the revised town boundaries.
Question· oralPQ 19asked
Ireland · Dáil Éireann · 9 February 1994
22 Mr. McGahon asked the Minister for the Environment if, following his request to County Managers to draw up proposals for the alterations of boundaries of up to 62 towns, he will give the steps, if any, he will take to ensure his commitment that the capacity of County Councils as the primary units of local government will not be adversely affected by the revised town boundaries.
Question· oralPQ 18asked
Ireland · Dáil Éireann · 9 February 1994
21 Mrs. T. Ahearn asked the Minister for the Environment the role of the statutory Reorganisation Commission he is setting up to consider the functions and role of urban authorities; and if he will make a statement on the matter.
Question· oralPQ 17asked
Ireland · Dáil Éireann · 9 February 1994
20 Mr. Carey asked the Minister for the Environment the role of the statutory Reorganisation Commission he is setting up to consider the functions and role of urban authorities; and if he will make a statement on the matter.
Question· oralPQ 16asked
Ireland · Dáil Éireann · 9 February 1994
18 Mr. Bradford asked the Minister for the Environment if, following his request to County Managers to draw up proposals for the alterations of boundarises of up to 62 towns, he will give the steps, if any, he will take to ensure his commitment that the capacity of County Councils as the primary units of local government will not be adversely affected by the revised town boundaries.
Question· oralPQ 15asked
Ireland · Dáil Éireann · 9 February 1994
17 Mr. Creed asked the Minister for the Environment the role of the statutory Reorganisation Commission he is setting up to consider the functions and role of urban authorities; and if he will make a statement on the matter.
Question· oralPQ 14asked
Ireland · Dáil Éireann · 9 February 1994
16 Mr. R. Bruton asked the Minister for the Environment the role of the statutory Reorganisation Commission he is setting up to consider the functions and role of urban authorities; and if he will make a statement on the matter.
Question· oralPQ 13asked
Ireland · Dáil Éireann · 9 February 1994
13 Mr. Lowry asked the Minister for the Environment if, following his request to County Managers to draw up proposals for the alteration of boundaries of up to 62 towns, he will give the steps, if any, he will take to ensure his commitment that the capacity of County Councils as the primary units of local government will not be adversely affected by the revised town boundaries.
Question· oralPQ 12asked
Ireland · Dáil Éireann · 9 February 1994
12 Mr. Shatter asked the Minister for the Environment the role of the statutory Reorganisation Commission he is setting up to consider the functions and role of urban authorities; and if he will make a statement on the matter.
Question· oralPQ 11asked
Ireland · Dáil Éireann · 9 February 1994
11 Mr. Dukes asked the Minister for the Environment the role of the statutory Reorganisation Commission he is setting up to consider the functions and role of urban authorities; and if he will make a statement on the matter.
Question· oralPQ 10asked
Ireland · Dáil Éireann · 9 February 1994
10 Mr. McGinley asked the Minister for the Environment if, following his request to County Managers to draw up proposals for the alteration of boundaries of up to 62 towns, he will give the steps, if any, he will take to ensure his commitment that the capacity of County Councils as the primary units of local government will not be adversely affected by the revised town boundaries.
Question· oralPQ 9asked
Ireland · Dáil Éireann · 9 February 1994
9 Mr. Flanagan asked the Minister for the Environment if, following his request to County Managers to draw up proposals for the alteration of boundaries of up to 62 towns, he will give the steps, if any, he will take to ensure his commitment that the capacity of County Councils as the primary units of local government will not be adversely affected by the revised town boundaries.
Question· oralPQ 8asked
Ireland · Dáil Éireann · 9 February 1994
7 Mr. O'Malley asked the Minister for the Environment the proposals, if any, he has to transfer certain functions from central Government to local Government; the changes, if any, that are proposed in this respect; and if he intends that these changes will be implemented prior to the holding of the 1994 local elections.
Question· oralPQ 7asked
Ireland · Dáil Éireann · 9 February 1994
5 Mrs. Doyle asked the Minister for the Environment the role of the statutory Reorganisation Commission he is setting up to consider the functions and role of urban authorities; and if he will make a statement on the matter.
Question· oralPQ 6asked
Ireland · Dáil Éireann · 9 February 1994
4 Mr. Molloy asked the Minister for the Environment the date of local authority elections; whether it is proposed to alter the structure of sub-county authorities prior to the holding of elections; and if he will make a statement on the matter.
Question· oralPQ 5asked
Ireland · Dáil Éireann · 9 February 1994
86 Proinsias De Rossa asked the Minister for the Environment his views on whether existing fire safety regulations are adequate in view of the recent fire in a house on the North Circular Road, Dublin 7, in which two people died, and reports that some windows in the house were barred; if he has sought or received any report on the fire; and if he will make a statement on the matter.
Question· oralPQ 4asked
Ireland · Dáil Éireann · 9 February 1994
3 Mr. Currie asked the Minister for the Environment if, in view of the recent tragedy when two men died in a fire on the North Circular Road, Dublin 7, he will introduce new regulations for private rented accommodation; and if he will make a statement on the matter.
Question· oralPQ 3asked
Ireland · Dáil Éireann · 9 February 1994
42 Mr. Rabbitte asked the Minister for the Environment, in view of the figures produced in January 1994 by his Department showing that Ireland's output of hazardous waste has almost doubled in seven years, the proposals, if any, he has to deal with this problem; if he will clarify his reported remarks that his support for an incinerator was personal; and if he will make a statement on the matter.
Question· oralPQ 2asked
Ireland · Dáil Éireann · 9 February 1994
2 Mrs. Doyle asked the Minister for the Environment his views on a national incinerator following the completion of the 1992 survey on hazardous waste; and the amount of intractable hazardous waste.
Bill· HRH.R. 3813 (103rd)referred
United States · United States Congress · 8 February 1994
Environmental Export Promotion Act of 1994 - Amends the Export Enhancement Act of 1988 to direct the President to establish the Environmental Technologies Trade Advisory Committee to advise and guide the Environmental Trade Promotion Working Group in the development and administration of programs to expand U.S. exports of environmental technologies, goods, and services. Requires the Working Group to assess annually which foreign countries have markets with the greatest potential for such exports, and select five of them as priority countries for the application of U.S. Government export promotion resources. Requires the Group to create annual plans for each priority country, detailing ways to increase U.S. environmental exports to such country. Directs the Secretary of Commerce to assign a specialist in environmental technologies to the office of the United States and Foreign Commercial Service in each of the five priority countries, and authorizes similar assignments in any countries that are promising markets for such exports. Specifies the duties of such specialists. Requires the Secretary to establish: (1) a mechanism to give environmental technology and international environmental marketplace training to Commercial Service Officers assigned to one-stop shops and to district offices in districts with large numbers of environmental businesses; and (2) ensure that such officers receive appropriate training under such mechanism. Directs the Trade Promotion Coordinating Committee (TPCC) to establish international regional environmental initiatives to coordinate Federal activities with State, local, and private sector activities to build environmental partnerships between the United States and the geographic region outside the United States for which such an initiative is established. Specifies TPCC activities in carrying out such initiatives. Directs the Working Group to maintain an environmental technologies project advocacy calendar, updated quarterly, identifying significant project opportunities for U.S. environmental businesses in foreign markets and trade promotion events.
Bill· HRH.R. 3810 (103rd)open
United States · United States Congress · 8 February 1994
Rural Community Wastewater Treatment Affordability Act of 1994 - Amends the Federal Water Pollution Control Act to make activities involving the acquisition of lands, easements, and rights-of-way necessary for construction of publicly owned treatment works eligible for assistance from State revolving loan funds (SRFs). Makes certain nonprofit associations and other entities eligible for wastewater treatment and supply services under the Consolidated Farm and Rural Development Act eligible for SRF assistance as well. Adds to the list of conditions that a State must meet to receive a capitalization grant that the State will encourage the use of innovative and cost-effective technologies in the construction of treatment works financed with SRF assistance. Requires loans made from SRFs to be made to rural and disadvantaged communities at or below market interest rates for terms of up to 40 years or the useful life of the project being financed, whichever is earlier. Permits up to 15 percent of all loans made from an SRF to be used for negative-interest loans to rural and disadvantaged communities. Allows SRFs to be used to make grants to such communities for up to 75 percent of planning and predevelopment costs incurred with respect to construction or improvement of treatment works without regard to whether actual construction is carried out. Limits amounts available for grants per fiscal year. Authorizes the Administrator of the Environmental Protection Agency to make grants to the National Rural Water Association, the Rural Community Assistance Program, the Small Flows Clearinghouse, and other qualified organizations to provide training and technical assistance to rural and disadvantaged communities with respect to the planning, construction, and operation of treatment works. Authorizes appropriations.
Bill· SS. 1834 (103rd)open
United States · United States Congress · 7 February 1994
TABLE OF CONTENTS: Title I: Community Participation and Human Health Title II: State Roles Title III: Voluntary Response Title IV: Liability and Allocation Title V: Remedy Selection and Cleanup Standards Title VI: Miscellaneous Title VII: Funding Title VIII: Environmental Insurance Resolution Fund Title IX: Taxes Superfund Reform Act of 1994 - Title I: Community Participation and Human Health - Amends the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to direct the President to provide for community involvement in each significant phase of response activities taken under this Act. (Sec. 103) Requires the President to provide the opportunity to establish a representative public forum, known as a Community Working Group (CWG), to achieve direct and regular consultation with community members throughout all stages of a response action. Requires a CWG to serve as a facility information clearinghouse for the community and authorizes a CWG to offer recommendations to the President on anticipated future land uses. (Sec. 104) Directs the Administrator of the Environmental Protection Agency (Administrator) to ensure that an independent Citizen Information and Access Office is established in each State and on each tribal land affected by a National Priorities List (NPL) facility. (Sec. 106) Requires the Administrator to select at least ten demonstration projects to be implemented over a five-year period that relate to the assessment and management of, and response to, multiple sources of risk in and around designated facilities. Directs the Administrator, if a distinct pattern of adverse health effects is identified in the surrounding community, to consider additional health benefits for the community. Provides for demonstration projects in locations that coincide with areas identified as empowerment zones under the Omnibus Budget Reconciliation Act of 1994. (Sec. 107) Includes standards and procedures for assessing risks posed by the release or threatened release of hazardous substances, pollutants, or contaminants in the list of required elements of the national hazardous substance response plan. (Sec. 114) Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 115) Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment or related health activity is conducted at a facility on the NPL; or (2) a release is being evaluated for inclusion on the NPL. Title II: State Roles - Authorizes States to apply to the Administrator to carry out response actions and enforcement activities at all facilities listed or proposed for listing on the NPL. Makes this authority inapplicable with respect to Federal facilities listed on the NPL if an interagency agreement for such a facility has been entered into. Grants a State such authority if it possesses the legal authority, technical capability, and resources necessary to conduct response actions in a manner consistent with this Act. Makes such States eligible for response action financing from the Hazardous Substance Superfund (Superfund). Requires States to pay 15 percent of the costs of all response actions and program support or other costs for which the State receives funds from Superfund. Makes such cost-sharing requirement inapplicable to Indian tribes. (Sec. 201) Authorizes a State to select a response action that achieves a level of cleanup that is more stringent than required if it agrees to pay for the incremental increase in response cost attributable to achieving the more stringent level. Provides for the retention of the President's authority to take response actions at facilities listed or proposed for listing on the NPL that are not being addressed by States. (Sec. 206) Provides for public notice and comment before a facility is to be listed on the NPL. Authorizes persons to request a facility to be listed on, or removed from, the NPL. Title III: Voluntary Response - Directs the Administrator to establish a program to provide assistance to the States to establish and expand voluntary response programs. Makes this title applicable to facilities at which a release or threat of release of a hazardous substance, pollutant, or contaminant has occurred. Excludes certain facilities. (Sec. 303) Requires the Administrator to establish a program to provide assistance to municipalities to conduct site characterizations for facilities at which voluntary response actions are being conducted or proposed. Title IV: Liability and Allocation - Authorizes the President to issue administrative subpoenas to require the attendance and testimony of witnesses and production of information regarding response actions. Revises confidentiality requirements with respect to such information. (Sec. 403) Absolves of liability for response actions a person who does not impede a response action or natural resource restoration to the extent liability is based solely on: (1) arrangement, transportation, or acceptance provisions relating to the disposal or treatment of hazardous substances and such activities involved fewer than 500 pounds of municipal solid waste (MSW) or sewage sludge or such amount as the Administrator may determine; (2) such provisions and such activities involved fewer than ten pounds or liters of materials containing hazardous substances, pollutants, or contaminants or such amount as the Administrator may determine; (3) ownership or operation of a vessel or facility and the person is a bona fide prospective purchaser of the facility; (4) ownership by a Federal agency and activities that resulted in a release occurred prior to 1976, the activities were pursuant to a statutory authority, the agency did not cause or contribute to the release, and there are other persons who are potentially liable and fully capable of performing or financing the response action; or (5) ownership by a Federal, State, or local entity of a road or other right of way over which hazardous substances are transported or on the granting of a license or a permit to conduct business. Makes persons who are solely liable under arrangement, transportation, or acceptance provisions regarding disposal or treatment of hazardous substances liable for no more than ten percent of total response costs if such activities only involved MSW or sewage sludge. Applies such limitation only if: (1) acts or omissions giving rise to liability occurred before the date 36 months after enactment of this Act or the person asserting the limitation participates in a qualified household hazardous waste collection program; and (2) the disposal did not occur on lands owned by the United States or on tribal land. Grants the United States a lien upon a facility for unrecovered response costs that inure to the benefit of a potential purchaser. Confers the right of contribution protection on a Federal agency when such agency resolves its share of liability, including liability for all penalties and fines. Applies State laws respecting liability for releases at non-Federal facilities to Federal agencies when such facilities are referred to a State pursuant to this Act or are part of a State-authorized program. Bars immunity for Federal employees from processes or sanctions of State or Federal courts with respect to enforcement of this Act. Entitles the United States to remove any action filed in State court against a Federal agency or employee to the appropriate Federal district court. Absolves Federal employees of personal liability for civil or administrative penalties for acts or omissions within the scope of official duties. (Sec. 404) Makes persons liable under CERCLA liable for other necessary costs of response incurred by any other person, other than the United States, a State, or an Indian tribe (currently, any other person). (Sec. 405) Authorizes adversely affected persons (currently, interested persons) to file petitions for the review of regulations promulgated under CERCLA. Revises contribution provisions to require an action by a potentially responsible party (PRP) against another PRP for recovery of any response costs or damages to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction of the remedial action; or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages. (Sec. 406) Limits the right to seek contribution from other potentially liable parties where: (1) the person asserting the right has waived such rights in a settlement; (2) the person from whom the contribution is sought is liable solely under provisions regarding arrangement or transportation of hazardous substances for treatment or disposal and contributed fewer than ten pounds or liters of material containing hazardous substances or such amount as the Administrator may determine; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action against a person who is not liable pursuant to limitations set forth in this Act or is protected from suits liable to the person against whom the claim is brought for reasonable costs of defending against the claim. Provides that a person who has resolved liability to a State in an administrative or judicially approved settlement shall not be liable for claims to persons other than the United States regarding response costs for damages addressed in the settlement. Provides the same protection for persons who have resolved liability to the United States. Includes protection against all claims that may be asserted against the settling party for recovery of costs or damages paid by another person if addressed in the settlement, except claims based on contractual indemnification. (Sec. 408) Removes provisions regarding guidelines for preliminary allocations of responsibility. Requires (currently, authorizes) the President to offer PRPs (currently, any person) who enter into settlement agreements a final covenant not to sue concerning liability to the United States for response actions or costs, provided that: (1) the settling party agrees to perform a final remedial action for the release that is the subject of the settlement; (2) the agreement has been reached prior to the commencement of litigation against the settling party; (3) the settling party waives all contribution rights against other PRPs at the facility; and (4) the settling party pays a premium that compensates for the risks of remedy failure, unanticipated increases in the cost of any uncompleted action (unless the party is performing the action), and the U.S. litigation risk with respect to persons who have not resolved liability to the United States unless the settlement covers 100 percent of U.S. response costs. Authorizes the President, for all other settlements, to provide any person with a covenant not to sue concerning any liability to the United States if the covenant not to sue is in the public interest. Adds the following to the list of conditions that a PRP must meet in order to be eligible for an expedited settlement: (1) liability must be based solely on provisions regarding arrangement, transportation, or acceptance of MSW or sewage sludge for treatment or disposal; and (2) the PRP must be a small business or a municipality that has demonstrated a limited ability to pay response costs. (Sec. 409) Requires the President to initiate a specified allocation of liability process for remedial actions at multi-party facilities. Establishes a moratorium on the commencement of liability actions regarding response actions for which allocations must be performed or have been initiated. Sets forth allocation procedures, including notice to PRPs and selection of an allocator. Requires the allocator, if the allocation parties do not agree to a negotiated allocation of shares, to prepare a report with a nonbinding, equitable allocation of percentage shares for the facility based on factors including: (1) the amount of hazardous substances contributed by each party; (2) the degree of toxicity and mobility of substances contributed by each party; (3) the degree of involvement of each party in the generation, transportation, treatment, storage, or disposal of the hazardous substance; (4) the degree of care exercised by each party with respect to the substance; and (5) the cooperation of each party in contributing to the response action and providing information. Authorizes the allocator to determine that a percentage share is specifically attributable to an orphan share. Limits orphan shares to specified cases, including shares attributable to identified but insolvent responsible parties who are not affiliated with another allocation party. Requires shares that cannot be attributed to any party to be allocated among the allocation parties. Provides for reimbursements from Superfund to eligible parties for costs attributable to orphan shares. Authorizes the Administrator and the Attorney General to determine not to settle on the basis of the allocator's allocation. Requires settlements based on allocated shares to include: (1) a waiver of contribution rights against all PRPs for the response action; (2) covenants not to sue and provisions regarding performance of such actions; (3) a premium that compensates for the U.S. litigation risk with respect to PRPs who have not resolved liability to the United States, except in cases where the settlement covers 100 percent of costs; (4) contribution protection; and (5) provisions for reimbursement from Superfund for any response costs incurred in excess of the allocated share. Authorizes the United States to commence a liability action against any person who has not resolved liability following allocation on or after 60 days following issuance of the allocator's report. Makes PRPs liable for the unrecovered response costs in such actions. Requires the Administrator and the Attorney General to issue guidelines to ensure that relief sought against de minimis parties under principles of joint and several liability will not be grossly disproportionate to their contribution to the facility. Restricts the admissibility in court of the allocator's report with respect to claims brought by or against the United States, except in its capacity as a nonsettling PRP or for the determination of liability. Title V: Remedy Selection and Cleanup Standards - Revises provisions regarding the degree of cleanup required under remedial actions. Directs the Administrator to promulgate national goals to be applied at all facilities and national generic cleanup levels for specific hazardous substances, pollutants, or contaminants that: (1) reflect reasonably anticipated future land uses; (2) reflect other variables which can be easily measured at a facility and whose effects are scientifically well-understood to vary on a site-specific basis; and (3) represent concentration levels below which a response action is not required. Authorizes the Administrator to rely on a site-specific risk assessment to determine the proper level of cleanup if a national generic cleanup level has not been developed or to account for particular characteristics of a facility. (Sec. 502) Requires remedial actions to comply with substantive requirements of Federal and State laws and standards. Authorizes the President to select a remedial action that does not attain a level of control equivalent to such standards under certain conditions. (Sec. 503) Revises general rules for remedial actions. Requires the President to establish cost-effective generic remedies for categories of facilities. (Sec. 504) Permits a State to enforce only those Federal and State requirements to which the Administrator has determined the remedial action is required to conform. (Sec. 505) Removes a condition on the President's authority to acquire property needed to conduct a response action that requires the State in which the property is located to agree to accept transfer of the property when the action is completed. (Sec. 506) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $6 million (currently, $2 million) has been obligated or three years (currently, 12 months) has elapsed from the date of initial response to a release or threatened release of hazardous substances. Title VI: Miscellaneous - Exempts a Federal agency from actions required for Federal facilities under CERCLA, with the exception of certain reporting requirements, if the agency owned or operated a facility over which it exercised no regulatory or other control over activities that resulted in a release of a hazardous substance if: (1) no Federal agency was the primary or sole source or cause of such release; (2) the activities resulting in the release were pursuant to statutory authority and occurred prior to 1976; and (3) the persons primarily responsible for the release are financially viable and capable of performing or financing the response action. (Sec. 604) Authorizes the Administrator, in order to achieve required levels of response, to reimburse up to 50 percent of response costs incurred by a potentially liable party that employs an alternative or innovative technology that fails to achieve the required level. (Sec. 605) Includes a trust or estate within the definition of "owner or operator" for purposes of determining liability under CERCLA. Excludes from such definition: (1) a person who holds title to a vessel or facility solely in the capacity as fiduciary, provided that the person does not participate in management operations that result in a release of hazardous substances and complies with other requirements; or (2) the United States, a Federal agency, or a conservator or receiver appointed by a Federal agency which acquired ownership of a facility or vessel in connection with receivership, conservatorship, forfeiture, or seizure authority or pursuant to an Act of the Congress provided such entity does not participate in operations that result in a release. Title VII: Funding - Extends the authorization of appropriations to carry out specified Superfund authorities through FY 1999. Title VIII: Environmental Insurance Resolution Fund - Environmental Insurance Resolution and Equity Act of 1994 - Establishes the Environmental Insurance Resolution Fund to provide for the resolution of disputes between certain PRPs and their insurers. Describes eligible persons, costs, and sites. (Sec. 802) Directs eligible persons that accept Fund resolutions to waive existing and future claims against an insurer for eligible costs. Requires the Fund to make pre- and post-resolution payments to eligible persons who accept a resolution. Makes any eligible person who litigates a claim and obtains a judgment that is less favorable than the resolution offered by the Fund liable to the insurer for 20 percent of reasonable legal fees incurred in the litigation. Provides for Fund reimbursements of certain costs incurred by insurers in cases where a person rejected a resolution and obtained a final judgment against an insurer. Deems payments made by the Fund pursuant to a resolution offer to be payments made by an insurer. (Sec. 804) Provides that this title acts as a stay of all pending litigation regarding claims for indemnity or arising from insurance coverage for eligible costs. Bars stays of litigation after May 31, 2000. (Sec. 805) Terminates the Fund's authority to: (1) accept requests for resolution after FY 1999; and (2) offer resolutions after March 31, 2000. Title IX: Taxes - Amends the Internal Revenue Code to extend the applicability of the environmental tax to tax years before January 1, 2001 (currently, 1996). Extends certain provisions regarding the Superfund financing rate. (Sec. 903) Requires all expenditures of the Resolution Fund to be paid out of fees and assessments imposed by the Internal Revenue Code. Exempts the Fund from Federal, State, and local taxation.
Bill· SS. 1831 (103rd)referred
United States · United States Congress · 7 February 1994
Antarctic Environmental Protection Act of 1994 - Declares that the purpose of this Act is to provide legislative authority to implement the Protocol on Environmental Protection to the Antarctic Treaty. (Sec. 4) Makes it unlawful for any person to: (1) engage in or provide assistance to any Antarctic mineral resource activity; (2) receive, transport, offer for sale, sell, purchase, import, or export, or have custody or control of any Antarctic mineral resource which that person should have known was recovered as a result of Antarctic mineral resource activity; (3) introduce any prohibited product onto land or ice shelves or into water in Antarctica; (4) dispose of any waste onto ice-free land areas or into fresh water systems in Antarctica; (5) dispose of any prohibited waste in Antarctica; (6) engage in open burning of waste in Antarctica after March 1, 1994; (7) transport passengers to, from, or within Antarctica by any vessel not required to comply with the Act to Prevent Pollution from Ships unless the person has an agreement under which the vessel owner or operator is required to comply with Annex IV to the Protocol; (8) fail to notify all members of the environmental protection obligations of this Act if organizing, sponsoring, operating, or promoting a nongovernmental expedition to Antarctica; (9) damage or remove a historic site or monument; (10) refuse permission to any authorized U.S. employee to board a U.S. vessel, vehicle, or aircraft (or one subject to U.S. jurisdiction) for purposes of searches or inspections in connection with this Act's enforcement, interfere in such searches or inspections, or resist or interfere with a lawful arrest or detention for any prohibited act; or (11) violate any regulation or permit term under this Act or attempt to commit any prohibited act. Makes it unlawful, unless authorized by a permit, to: (1) dispose of any waste in Antarctica, except as authorized under the Act to Prevent Pollution from Ships; (2) introduce into Antarctica any member of a non-native species; (3) enter or engage in activities within any Antarctica specially protected area; (4) engage in any taking or harmful interference in Antarctica; or (5) receive, transport, offer for sale, sell, purchase, import, export or have custody or control of any native bird, mammal, or plant which the person should have known was taken in violation of this Act. Makes exceptions to specified prohibited acts in emergency circumstances. (Sec. 5) Authorizes the Director of the National Science Foundation to issue permits for specified activities and to establish application fees. Lists conditions for certain activities and requirements for regulations to implement the Protocol. (Sec. 7) Applies environmental impact assessment requirements of the National Environmental Policy Act to proposals for Federal agency activities occurring and affecting the quality of the environment in Antarctica. Permits activities determined to have less than a minor or transitory impact on the environment to proceed under specified conditions. Makes environmental impact assessment requirements inapplicable in the case of activities carried out jointly with other governments if the Secretary of State determines that another party to the Protocol is coordinating environmental impact assessment procedures. Requires the Administrator of the Environmental Protection Agency to promulgate regulations to provide for the environmental impact assessment of nongovernmental activities. (Sec. 9) Amends the Act to Prevent Pollution from Ships to apply Annex IV of the Protocol to all vessels over which the United States has jurisdiction, except for warships, naval auxiliary, or other ships owned or operated by the United States when engaged in noncommercial service or other ships specifically excluded by the MARPOL Protocol. (Sec. 10) Requires the Secretary to designate a U.S. officer or employee to be the U.S. representative to the Committee for Environmental Protection under the Protocol. (Sec. 11) Directs the Secretary to conduct inspections at intervals between two and five years of the U.S. Antarctic Program. Requires the inspection team to report on the compliance of the Program with this Act and the Protocol. (Sec. 12) Directs the Department of State to coordinate an interagency study of tourism in Antarctica to determine whether additional measures should be taken with respect to Antarctic tourist activities. (Sec. 14) Sets forth provisions concerning judicial review of regulations and citizen suits. (Sec. 15) Establishes enforcement and penalty procedures. (Sec. 23) Provides that this Act shall prevail over any inconsistent provision of the Deep Seabed Hard Mineral Resources Act. Repeals the Antarctic Conservation Act of 1978 and the Antarctic Protection Act of 1990. Authorizes appropriations.
Bill· SS. 1824 (103rd)open
United States · United States Congress · 3 February 1994
TABLE OF CONTENTS: Title I: Reform of the Senate Title II: Reform of the House of Representatives Title III: Reform of the Congress Subtitle A: Budget Process Subtitle B: Staffing; Administration; and Support Agencies Subtitle C: Abolishing the Joint Committees Subtitle D: Legislative and Executive Relations Title IV: Effective Date Legislative Reorganization Act of 1994 - Title I: Reform of the Senate - Amends rule XXIV of the Standing Rules of the Senate to require appointments to standing and all other committees to be made by the majority and minority leader for each member of their respective parties, subject to any rules adopted by the respective party caucuses. (Sec. 102) Amends rule XXV to revise the structure of the standing, special, and select committees of the Senate (leaving their assignment undesignated). Lists the committees as: (1) Appropriations; (2) Armed Services; (3) Finance; (4) Foreign Relations; (5) Agriculture, Nutrition, and Forestry; (6) Banking, Housing and Urban Affairs; (7) Commerce, Science, and Transportation; (8) Energy and Natural Resources; (9) Environment and Public Works; (10) Governmental Affairs; (11) Judiciary; (12) Labor and Human Resources; (13) Aging; (14) Budget; (15) Indian Affairs; (16) Rules and Administration; (17) Small Business; (18) Veterans' Affairs; (19) Ethics; and (20) Intelligence. Modifies the number of: (1) committees and subcommittees on which a Senator may serve as a member or as the chairperson; and (2) subcommittees a committee may establish. Waives these limitations upon the adoption by an affirmative yea and nay vote of a privileged resolution (without an amendment) offered by the majority leader with the minority leader's approval that designates the Senator or Senators receiving the waiver. Limits the debate on the resolution to one hour equally divided. Requires: (1) the majority and minority leaders to notify the chairman of the Committee on Rules and Administration within 30 days after the convening of a Congress if the number of majority and minority members of a Senate committee for such Congress each fall below 50 percent of the number of such members serving on the committee at the end of the 102d Congress; (2) the Committee to report a resolution to the Senate abolishing such committee after receiving the notice; and (3) the majority and minority leaders to adjust the membership of other committees to provide for members of the abolished committee. (Sec. 103) Amends rule XXVI to designate Tuesday, Wednesday, or Thursday for committee and subcommittee meetings and hearings. Prohibits a subcommittee from meeting at the time its committee is meeting. Requires the consent of the majority and minority leaders before the committee or its subcommittee can conduct business on a day other than the day designated by this Act. (Sec. 104) Prohibits a proxy vote from being cast by a member of any committee if it effects the result of the vote. (Sec. 105) Requires each Senate committee chairman to publish semi-annually in the Congressional Record the committee attendance and voting records of each member of the committee. (Sec. 106) Amends rule XXII to require an affirmative three-fifths vote for post-cloture appeals from the decision of the Presiding Officer, except on a measure or motion to amend the Senate rules, in which case a necessary affirmative vote shall be two-thirds of the Senators present and voting. Amends rule VIII to limit debate to two hours on a motion to proceed to the consideration of a measure made by the majority leader or his designee after the first two hours of a new legislative day. Makes a motion to proceed to any motion, resolution, or proposal to change any of the Standing Rules of the Senate debatable without this limitation. Amends rule XXII to charge the time consumed by a quorum call to the Senator who requested it under cloture. Amends rule XXVIII to dispense with the reading of a conference report (if such report is printed and available one day prior to the motion to consider) before determining a question of proceeding to its consideration. Amends rule XV to prohibit (on a point of order made by any Senator) an amendment expressing the sense of the Senate or the sense of the Congress, or an amendment thereto, from being received unless the amendment is signed by at least ten Senators. (Sec. 107) Directs the Secretary of the Senate: (1) by January 1, 1995, and each year thereafter through 1998, to certify and publish in the Congressional Record a list identifying each Senator who has used less than the amount allocated to his or her personal office during the preceding fiscal year and the amount of such unused allocation; and (2) by January 1, 1999, and each year thereafter, to notify each Senator of the difference between the total obligations incurred by his or her personal office and the allocations for administrative expenses, legislative assistants, and clerk hire available to the Member for the preceding fiscal year. Authorizes the Member to direct the Secretary to submit a rescission request for such amount from unobligated balances for that fiscal year. Requires the Senate committees to include a plan to reduce the disparity between appropriations and allocations to Members when they conduct the performance review required by this Act. Title II: Reform of the House of Representatives - (Bill text to be supplied at a later date.) Title III: Reform of the Congress - Subtitle A: Budget Process - Amends the Congressional Budget and Impoundment Control Act of 1974 to revise the Federal and congressional budget processes by establishing a two-year budgeting and appropriations cycle and timetable. Defines the budget biennium as the two consecutive fiscal years beginning on October 1 of any odd-numbered year. Devotes the first session of any Congress to the budget resolution and to appropriations decisions, retaining current deadlines in most cases. Changes certain deadlines to conform to the biennial scheme. Devotes each second session to authorization activity, subject to specified deadlines. Conforms provisions governing the President's budget to the biennial framework. Amends the Rules of the House of Representatives to conform to the biennial framework. Prohibits the House or Senate from considering any legislation that authorizes appropriations for a period of less than two fiscal years, unless the activity for which the funds are to be spent is of less than two years duration. Requires the Congressional Budget Office to make quarterly budget reports to the House and Senate Committees on the Budget. Provides for permanently extending the rule on extraneous matter in reconciliation legislation and applies such rule to conference reports. Directs the Comptroller General to give priority to congressional requests for audits and evaluations of Government programs and activities during the second session of each Congress. Subtitle B: Staffing; Administration; and Support Agencies - Requires the Senate Committees on Rules and Administration and Appropriations and the appropriate House committees or task force to submit to the leadership of their respective Houses a performance review together with any necessary implementing legislation to achieve efficiencies, economies, and reductions in the total number of full time equivalent (FTE) positions in the legislative branch comparable to those proposed and implemented for the executive branch in the President's National Performance Review. Requires the reductions to be made from a base of the total number of FTEs in the legislative branch on the date of introduction of S.Con. Res. 57 (102d Congress, 1st Session), establishing the Joint Committee on the Organization of Congress. (Sec. 332) Requires the following entities to be authorized by the enactment every eighth year of an Act to authorize appropriations for that office for the next eight fiscal years: (1) the General Accounting Office (GAO) beginning with FY 1997; (2) the Library of Congress (LOC) beginning with FY 1999; (3) the Government Printing Office (GPO) beginning with FY 2001; and (4) the Congressional Budget Office (CBO) and Office of Technology Assessment (OTA) beginning with FY 2003. Vests jurisdiction over the required authorizations in the Senate Committee on Rules and Administration and the appropriate House committee. Requires each instrumentality of the Congress providing support to the Congress to prepare an annual report by December 31 detailing the cost to the instrumentality of providing support to each Senate committee and Senator. Requires the Senate Committee on Rules and Administration and the appropriate House committee to study and report to their respective Houses concerning the feasibility of establishing a voucher allocation system for committees using the services of such instrumentalities. Repeals provisions authorizing appropriations for GAO, CBO, LOC, GPO, and OTA. (Sec. 333) Requires the cost of the service on detail to a congressional committee or the personal office of a Member of Congress of a person who is regularly employed by an instrumentality of the Congress (GAO, CBO, LOC, GPO, or OTA) or an executive agency to be fully reimbursed to the instrumentality or agency by the committee or personal office that receives the service. Subtitle C: Abolishing the Joint Committees - Part I: Joint Economic Committee - Abolishes the Joint Economic Committee and transfers its responsibility to the Senate Budget Committee and the appropriate House committee to review the President's Economic Report. Part II: Joint Committee on Taxation - Abolishes the Joint Committee on Taxation. Amends the Congressional Budget Act of 1974 to: (1) require CBO to provide technical guidance to the Committee on Finance and the Committee on Ways and Means with respect to taxation and tax legislation; and (2) perform the responsibilities formerly assigned to the abolished Joint Committee. Requires the Senate Committee on Rules and Administration and the appropriate House committee to report to the Congress a plan for the transfer of the Joint Committee's responsibilities and staff. Part III: Joint Committee on the Library of Congress - Abolishes the Joint Committee on the Library of Congress. Transfers the responsibilities of the Joint Committee to the Senate Committee on Rules and Administration and the appropriate House committee. Part IV: Joint Committee on Printing - Repeals provisions of Federal law establishing the Joint Committee on Printing. Transfers all duties, authorities, responsibilities, and functions of the Joint Committee to the Public Printer except that the Committee's legislative oversight shall be performed by the Senate Committee on Rules and Administration and the Committee on House Administration. (Sec. 372) Revises provisions of Federal law to abolish the position of Deputy Public Printer. Requires the President to nominate and, by and with the consent of the Senate, appoint a Legislative Deputy Public Printer (who shall also serve as the Superintendent of Documents for no additional compensation), an Executive Deputy Public Printer, and a Judicial Deputy Public Printer. Requires all GPO duties relating to the legislative, executive, and judicial branch to be performed by the appropriate Deputy Public Printer. (Sec. 373) Requires the Public Printer to include in the annual business-type budget program for the operations under the GPO revolving fund a report on: (1) the printing costs of each branch of the Government; (2) a cost comparison of specified Government publications; and (3) the cost of all authorized individual printing orders. (Sec. 375) Authorizes an executive department or agency to order individual printing orders if the cost is not more than $1,500 and the work is printed by any executive department or agency or the work is printed under a contract by a non-Federal commercial source. Requires any Federal officer who orders or contracts for an individual printing order to require the printing to deliver a sufficient number of any document printed under such order or contract to the Superintendent of Documents for inclusion in the depository program. (Sec. 376) Requires each Federal department and agency to submit by November 1 of each year to the Public Printer a report of its cost of publishing Government publications in the preceding fiscal year. Exempts GPO and publications published under contract with a non-Federal commercial source. Subtitle D: Legislative and Executive Relations - Makes it the responsibility of each standing congressional committee: (1) by March 1 in the first session of each Congress to submit Committee Review Agendas that list the discretionary programs, entitlement programs, and tax expenditures under the committee's jurisdiction which it intends to review during that Congress and three Congresses thereafter; (2) coordinate with other congressional committees having jurisdiction over related programs; (3) prepare a separate section in its oversight agenda that summarizes what actions and recommendations occurred with respect to implementing the agenda for that Congress; (4) transmit its oversight agenda to the Committee on House Administration and the Committee on Rules and Administration for consideration during the committee funding process; and (5) adopt legislative procedures to assure that any recommendation proposed by the appropriate standing committee is considered by the full Senate or House of Representatives. Requires each congressional committee to hold hearings during each Congress to review appropriate reports relating to executive agency activities over which the Committee has oversight responsibility, including reports of the Inspector General, the GAO, and agency audits. (Sec. 382) Provides that any law requiring an executive agency to report to the Congress shall be effective for not longer than five years. Title IV: Effective Date - Makes this Act effective January 1, 1995, and applicable to bienniums beginning after FY 1995.
Bill· HRH.R. 3800 (103rd)open
United States · United States Congress · 3 February 1994
TABLE OF CONTENTS: Title I: Community Participation and Human Health Title II: State Roles Title III: Voluntary Response Title IV: Liability and Allocation Title V: Remedy Selection and Cleanup Standards Title VI: Miscellaneous Title VII: Funding Title VIII: Environmental Insurance Resolution Fund Title IX: Taxes Superfund Reform Act of 1994 - Title I: Community Participation and Human Health - Amends the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to direct the President to provide for community involvement in each significant phase of response activities taken under this Act. (Sec. 103) Requires the President to provide the opportunity to establish a representative public forum, known as a Community Working Group (CWG), to achieve direct and regular consultation with community members throughout all stages of a response action. Requires a CWG to serve as a facility information clearinghouse for the community and authorizes a CWG to offer recommendations to the President on anticipated future land uses. (Sec. 104) Directs the Administrator of the Environmental Protection Agency (Administrator) to ensure that an independent Citizen Information and Access Office is established in each State and on each tribal land affected by a National Priorities List (NPL) facility. (Sec. 106) Requires the Administrator to select at least ten demonstration projects to be implemented over a five-year period that relate to the assessment and management of, and response to, multiple sources of risk in and around designated facilities. Directs the Administrator, if a distinct pattern of adverse health effects is identified in the surrounding community, to consider additional health benefits for the community. Provides for demonstration projects in locations that coincide with areas identified as empowerment zones under the Omnibus Budget Reconciliation Act of 1994. (Sec. 107) Includes standards and procedures for assessing risks posed by the release or threatened release of hazardous substances, pollutants, or contaminants in the list of required elements of the national hazardous substance response plan. (Sec. 114) Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 115) Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment or related health activity is conducted at a facility on the NPL; or (2) a release is being evaluated for inclusion on the NPL. Title II: State Roles - Authorizes States to apply to the Administrator to carry out response actions and enforcement activities at all facilities listed or proposed for listing on the NPL. Makes this authority inapplicable with respect to Federal facilities listed on the NPL if an interagency agreement for such a facility has been entered into. Grants a State such authority if it possesses the legal authority, technical capability, and resources necessary to conduct response actions in a manner consistent with this Act. Makes such States eligible for response action financing from the Hazardous Substance Superfund (Superfund). Requires States to pay 15 percent of the costs of all response actions and program support or other costs for which the State receives funds from Superfund. Makes such cost-sharing requirement inapplicable to Indian tribes. (Sec. 201) Authorizes a State to select a response action that achieves a level of cleanup that is more stringent than required if it agrees to pay for the incremental increase in response cost attributable to achieving the more stringent level. Provides for the retention of the President's authority to take response actions at facilities listed or proposed for listing on the NPL that are not being addressed by States. (Sec. 206) Provides for public notice and comment before a facility is to be listed on the NPL. Authorizes persons to request a facility to be listed on, or removed from, the NPL. Title III: Voluntary Response - Directs the Administrator to establish a program to provide assistance to the States to establish and expand voluntary response programs. Makes this title applicable to facilities at which a release or threat of release of a hazardous substance, pollutant, or contaminant has occurred. Excludes certain facilities. (Sec. 303) Requires the Administrator to establish a program to provide assistance to municipalities to conduct site characterizations for facilities at which voluntary response actions are being conducted or proposed. Title IV: Liability and Allocation - Authorizes the President to issue administrative subpoenas to require the attendance and testimony of witnesses and production of information regarding response actions. Revises confidentiality requirements with respect to such information. (Sec. 403) Absolves of liability for response actions a person who does not impede a response action or natural resource restoration to the extent liability is based solely on: (1) arrangement, transportation, or acceptance provisions relating to the disposal or treatment of hazardous substances and such activities involved fewer than 500 pounds of municipal solid waste (MSW) or sewage sludge or such amount as the Administrator may determine; (2) such provisions and such activities involved fewer than ten pounds or liters of materials containing hazardous substances, pollutants, or contaminants or such amount as the Administrator may determine; (3) ownership or operation of a vessel or facility and the person is a bona fide prospective purchaser of the facility; (4) ownership by a Federal agency and activities that resulted in a release occurred prior to 1976, the activities were pursuant to a statutory authority, the agency did not cause or contribute to the release, and there are other persons who are potentially liable and fully capable of performing or financing the response action; or (5) ownership by a Federal, State, or local entity of a road or other right of way over which hazardous substances are transported or on the granting of a license or a permit to conduct business. Makes persons who are solely liable under arrangement, transportation, or acceptance provisions regarding disposal or treatment of hazardous substances liable for no more than ten percent of total response costs if such activities only involved MSW or sewage sludge. Applies such limitation only if: (1) acts or omissions giving rise to liability occurred before the date 36 months after enactment of this Act or the person asserting the limitation participates in a qualified household hazardous waste collection program; and (2) the disposal did not occur on lands owned by the United States or on tribal land. Grants the United States a lien upon a facility for unrecovered response costs that inure to the benefit of a potential purchaser. Confers the right of contribution protection on a Federal agency when such agency resolves its share of liability, including liability for all penalties and fines. Applies State laws respecting liability for releases at non-Federal facilities to Federal agencies when such facilities are referred to a State pursuant to this Act or are part of a State-authorized program. Bars immunity for Federal employees from processes or sanctions of State or Federal courts with respect to enforcement of this Act. Entitles the United States to remove any action filed in State court against a Federal agency or employee to the appropriate Federal district court. Absolves Federal employees of personal liability for civil or administrative penalties for acts or omissions within the scope of official duties. (Sec. 404) Makes persons liable under CERCLA liable for other necessary costs of response incurred by any other person, other than the United States, a State, or an Indian tribe (currently, any other person). (Sec. 405) Authorizes adversely affected persons (currently, interested persons) to file petitions for the review of regulations promulgated under CERCLA. Revises contribution provisions to require an action by a potentially responsible party (PRP) against another PRP for recovery of any response costs or damages to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction of the remedial action; or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages. (Sec. 406) Limits the right to seek contribution from other potentially liable parties where: (1) the person asserting the right has waived such rights in a settlement; (2) the person from whom the contribution is sought is liable solely under provisions regarding arrangement or transportation of hazardous substances for treatment or disposal and contributed fewer than ten pounds or liters of material containing hazardous substances or such amount as the Administrator may determine; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action against a person who is not liable pursuant to limitations set forth in this Act or is protected from suits liable to the person against whom the claim is brought for reasonable costs of defending against the claim. Provides that a person who has resolved liability to a State in an administrative or judicially approved settlement shall not be liable for claims to persons other than the United States regarding response costs for damages addressed in the settlement. Provides the same protection for persons who have resolved liability to the United States. Includes protection against all claims that may be asserted against the settling party for recovery of costs or damages paid by another person if addressed in the settlement, except claims based on contractual indemnification. (Sec. 408) Removes provisions regarding guidelines for preliminary allocations of responsibility. Requires (currently, authorizes) the President to offer PRPs (currently, any person) who enter into settlement agreements a final covenant not to sue concerning liability to the United States for response actions or costs, provided that: (1) the settling party agrees to perform a final remedial action for the release that is the subject of the settlement; (2) the agreement has been reached prior to the commencement of litigation against the settling party; (3) the settling party waives all contribution rights against other PRPs at the facility; and (4) the settling party pays a premium that compensates for the risks of remedy failure, unanticipated increases in the cost of any uncompleted action (unless the party is performing the action), and the U.S. litigation risk with respect to persons who have not resolved liability to the United States unless the settlement covers 100 percent of U.S. response costs. Authorizes the President, for all other settlements, to provide any person with a covenant not to sue concerning any liability to the United States if the covenant not to sue is in the public interest. Adds the following to the list of conditions that a PRP must meet in order to be eligible for an expedited settlement: (1) liability must be based solely on provisions regarding arrangement, transportation, or acceptance of MSW or sewage sludge for treatment or disposal; and (2) the PRP must be a small business or a municipality that has demonstrated a limited ability to pay response costs. (Sec. 409) Requires the President to initiate a specified allocation of liability process for remedial actions at multi-party facilities. Establishes a moratorium on the commencement of liability actions regarding response actions for which allocations must be performed or have been initiated. Sets forth allocation procedures, including notice to PRPs and selection of an allocator. Requires the allocator, if the allocation parties do not agree to a negotiated allocation of shares, to prepare a report with a nonbinding, equitable allocation of percentage shares for the facility based on factors including: (1) the amount of hazardous substances contributed by each party; (2) the degree of toxicity and mobility of substances contributed by each party; (3) the degree of involvement of each party in the generation, transportation, treatment, storage, or disposal of the hazardous substance; (4) the degree of care exercised by each party with respect to the substance; and (5) the cooperation of each party in contributing to the response action and providing information. Authorizes the allocator to determine that a percentage share is specifically attributable to an orphan share. Limits orphan shares to specified cases, including shares attributable to identified but insolvent responsible parties who are not affiliated with another allocation party. Requires shares that cannot be attributed to any party to be allocated among the allocation parties. Provides for reimbursements from Superfund to eligible parties for costs attributable to orphan shares. Authorizes the Administrator and the Attorney General to determine not to settle on the basis of the allocator's allocation. Requires settlements based on allocated shares to include: (1) a waiver of contribution rights against all PRPs for the response action; (2) covenants not to sue and provisions regarding performance of such actions; (3) a premium that compensates for the U.S. litigation risk with respect to PRPs who have not resolved liability to the United States, except in cases where the settlement covers 100 percent of costs; (4) contribution protection; and (5) provisions for reimbursement from Superfund for any response costs incurred in excess of the allocated share. Authorizes the United States to commence a liability action against any person who has not resolved liability following allocation on or after 60 days following issuance of the allocator's report. Makes PRPs liable for the unrecovered response costs in such actions. Requires the Administrator and the Attorney General to issue guidelines to ensure that relief sought against de minimis parties under principles of joint and several liability will not be grossly disproportionate to their contribution to the facility. Restricts the admissibility in court of the allocator's report with respect to claims brought by or against the United States, except in its capacity as a nonsettling PRP or for the determination of liability. Title V: Remedy Selection and Cleanup Standards - Revises provisions regarding the degree of cleanup required under remedial actions. Directs the Administrator to promulgate national goals to be applied at all facilities and national generic cleanup levels for specific hazardous substances, pollutants, or contaminants that: (1) reflect reasonably anticipated future land uses; (2) reflect other variables which can be easily measured at a facility and whose effects are scientifically well-understood to vary on a site-specific basis; and (3) represent concentration levels below which a response action is not required. Authorizes the Administrator to rely on a site-specific risk assessment to determine the proper level of cleanup if a national generic cleanup level has not been developed or to account for particular characteristics of a facility. (Sec. 502) Requires remedial actions to comply with substantive requirements of Federal and State laws and standards. Authorizes the President to select a remedial action that does not attain a level of control equivalent to such standards under certain conditions. (Sec. 503) Revises general rules for remedial actions. Requires the President to establish cost-effective generic remedies for categories of facilities. (Sec. 504) Permits a State to enforce only those Federal and State requirements to which the Administrator has determined the remedial action is required to conform. (Sec. 505) Removes a condition on the President's authority to acquire property needed to conduct a response action that requires the State in which the property is located to agree to accept transfer of the property when the action is completed. (Sec. 506) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $6 million (currently, $2 million) has been obligated or three years (currently, 12 months) has elapsed from the date of initial response to a release or threatened release of hazardous substances. Title VI: Miscellaneous - Exempts a Federal agency from actions required for Federal facilities under CERCLA, with the exception of certain reporting requirements, if the agency owned or operated a facility over which it exercised no regulatory or other control over activities that resulted in a release of a hazardous substance if: (1) no Federal agency was the primary or sole source or cause of such release; (2) the activities resulting in the release were pursuant to statutory authority and occurred prior to 1976; and (3) the persons primarily responsible for the release are financially viable and capable of performing or financing the response action. (Sec. 604) Authorizes the Administrator, in order to achieve required levels of response, to reimburse up to 50 percent of response costs incurred by a potentially liable party that employs an alternative or innovative technology that fails to achieve the required level. (Sec. 605) Includes a trust or estate within the definition of "owner or operator" for purposes of determining liability under CERCLA. Excludes from such definition: (1) a person who holds title to a vessel or facility solely in the capacity as fiduciary, provided that the person does not participate in management operations that result in a release of hazardous substances and complies with other requirements; or (2) the United States, a Federal agency, or a conservator or receiver appointed by a Federal agency which acquired ownership of a facility or vessel in connection with receivership, conservatorship, forfeiture, or seizure authority or pursuant to an Act of the Congress provided such entity does not participate in operations that result in a release. Title VII: Funding - Extends the authorization of appropriations to carry out specified Superfund authorities through FY 1999. Title VIII: Environmental Insurance Resolution Fund - Environmental Insurance Resolution and Equity Act of 1994 - Establishes the Environmental Insurance Resolution Fund to provide for the resolution of disputes between certain PRPs and their insurers. Describes eligible persons, costs, and sites. (Sec. 802) Directs eligible persons that accept Fund resolutions to waive existing and future claims against an insurer for eligible costs. Requires the Fund to make pre- and post-resolution payments to eligible persons who accept a resolution. Makes any eligible person who litigates a claim and obtains a judgment that is less favorable than the resolution offered by the Fund liable to the insurer for 20 percent of reasonable legal fees incurred in the litigation. Provides for Fund reimbursements of certain costs incurred by insurers in cases where a person rejected a resolution and obtained a final judgment against an insurer. Deems payments made by the Fund pursuant to a resolution offer to be payments made by an insurer. (Sec. 804) Provides that this title acts as a stay of all pending litigation regarding claims for indemnity or arising from insurance coverage for eligible costs. Bars stays of litigation after May 31, 2000. (Sec. 805) Terminates the Fund's authority to: (1) accept requests for resolution after FY 1999; and (2) offer resolutions after March 31, 2000. Title IX: Taxes - Amends the Internal Revenue Code to extend the applicability of the environmental tax to tax years before January 1, 2001 (currently, 1996). Extends certain provisions regarding the Superfund financing rate. (Sec. 903) Requires all expenditures of the Resolution Fund to be paid out of fees and assessments imposed by the Internal Revenue Code. Exempts the Fund from Federal, State, and local taxation.
Bill· HRH.R. 3765 (103rd)referred
United States · United States Congress · 2 February 1994
TABLE OF CONTENTS: Title I: Sustainable Development Title II: Building Democracy Title III: Promoting Peace Title IV: Providing Humanitarian Assistance Title V: Promoting Growth Through Trade and Investment Title VI: Advancing Diplomacy Title VII: Special Authorities, Restrictions on Assistance, and Reports Title VIII: General Provisions Title IX: Technical and Conforming Provisions Peace, Prosperity, and Democracy Act of 1994 - Repeals the Foreign Assistance Act of 1961 (with the exception of a few provisions) as well other specified foreign relations and assistance Acts. Sets forth revised foreign assistance policy provisions. Title I: Sustainable Development - Chapter 1: Sustainable Development Authorities - Sets forth policy for sustainable development programs and voluntary cooperation in development. (Sec. 1103) Encourages the President to establish a formal and continuing partnership with private voluntary organizations, cooperatives, and credit unions which have experience working in developing countries, and with colleges and universities, to carry out the objectives of this title. Authorizes the President to use funds in support of this title for: (1) schools and libraries outside the United States that are sponsored by U.S. citizens and that serve as study and demonstration centers for the ideas and practices of the United States; and (2) hospital centers for medical education and research outside the United States that are sponsored by U.S. citizens. (Sec. 1104) Permits the President to provide assistance for credit programs in furtherance of the following sustainable objectives: (1) micro- and small enterprise development; (2) shelter, urban services, and environmental infrastructure; and (3) other programs to carry out the purposes of this chapter. Chapter 2: Development Fund for Africa - Makes funds under chapter 1 available for programs for Subsaharan Africa. Chapter 3: Role of Related Programs - Sets forth U.S. policy regarding: (1) the role of international financial institutions; (2) the Peace Corps; (3) the African Development and Inter-American Foundations; and (4) specified non-emergency food assistance programs. Title II: Building Democracy - Sets forth policy regarding the promotion of democracy. Chapter 1: Promoting Democracy - Subchapter A: Countries in Transition - Authorizes the President to provide assistance for countries: (1) that have recently emerged or are in the process of emerging as democratic societies; (2) that have recently emerged or are emerging from civil strife and either have a democratically-elected government or are making progress toward developing such a government; or (3) where democratic progress or institutions are threatened. (Sec. 2102) Declares that programs under this subchapter should be designed to facilitate the trend toward more open, just, and democratic societies. Permits such assistance to military and law enforcement forces to: (1) orient militaries or law enforcement agencies to their respective roles in a democratic order; (2) enhance the accountability of law enforcement agencies to civil justice institutions; (3) promote demilitarization of society; and (4) meet security challenges on a transitional basis that threaten to impede or reverse democratic reforms or institutions. Subchapter B: Independent States of the Former Soviet Union - Makes funds available for assistance to the independent states of the former Soviet Union as authorized and appropriated to the President each fiscal year. Subchapter C: Central and Eastern Europe - Sets forth policy towards democracy and free enterprise in Central and Eastern Europe. (Sec. 2302) Makes funds available for assistance for Central and Eastern Europe as authorized and appropriated to the President each fiscal year. Chapter 2: Information and Exchange - Sets forth policy with respect to programs administered by the U.S. Information Agency (USIA). Title III: Promoting Peace - Chapter 1: Peacekeeping and Related Programs - Sets forth policy concerning peacekeeping and related programs. (Sec. 3102) Authorizes the President to: (1) pay assessed and other contributions and expenses of international peacekeeping activities; and (2) furnish assistance to foreign countries and international and regional organizations and arrangements for peacekeeping. (Sec. 3103) Authorizes the President to direct the drawdown of up to $100 million (currently, $75 million) worth of defense articles and services in unforeseen emergencies. Authorizes appropriations as necessary to reimburse the applicable appropriation, fund, or account. Chapter 2: Nonproliferation and Disarmament Fund - Authorizes assistance to be provided for specified activities to facilitate the dismantlement and nonproliferation of nuclear, biological, chemical, and conventional weapons. Chapter 3: Regional Peace, Security and Defense Cooperation - Authorizes assistance to be provided to: (1) support peace and the development of democratic institutions and to meet economic, political, and security needs in the Near East; (2) meet immediate threats to international peace and security posed by regional and internal conflicts through collective defense efforts; and (3) enhance the ability of countries willing to share the burden of collective security efforts to maintain international peace and security. (Sec. 3303) Declares that the President, in providing such assistance, should take into account the desirability of shifting resources away from the provision of defense articles to economic development purposes as rapidly as is warranted by the easing of threats to regional peace and the need to maintain ongoing defense relations. Chapter 4: International Narcotics Trafficking, Terrorism and Crime Prevention - Authorizes assistance to be provided to: (1) control narcotics and other controlled substances; (2) enhance the rule of law and the ability of law enforcement and defense personnel to combat international criminal activity; (3) enhance anti-terrorism skills of foreign law enforcement and defense personnel; (4) provide anti-crime, -terrorism, and -narcotics assistance to friendly countries; and (5) promote international criminal justice. (Sec. 3403) Incorporates certain existing anti-narcotics assistance and agreement authorities. (Sec. 3404) Prohibits Department of State employees from engaging in the training of law enforcement personnel for anti-terrorism programs, with a specified exception. (Sec. 3405) Makes provisions of law which prohibit assistance to countries in arrears on certain loan commitments to the United States inapplicable with respect to narcotics control assistance. Title IV: Providing Humanitarian Assistance - Chapter 1: Refugee Assistance - Lists purposes of refugee assistance. Incorporates existing provisions of law that provide for the U.S. Emergency Refugee and Migration Assistance Fund. Chapter 2: Disaster Assistance - Incorporates existing provisions of law that authorize international disaster assistance. Expands the source of funding from which the disaster account can borrow. Authorizes funds to be used to respond rapidly to reconstruction and institution-building needs arising from natural or manmade disasters. Chapter 3: Emergency Food Assistance - Sets forth U.S. policy regarding emergency food assistance. Title V: Promoting Growth Through Trade and Investment - Chapter 1: Overseas Private Investment Corporation - Incorporates certain existing provisions regarding the purpose and guidelines of the Overseas Private Investment Corporation (OPIC). Raises the ceiling on: (1) per capita income of countries required to receive preferential consideration for OPIC projects; and (2) the maximum contingent liability pursuant to insurance issued. (Sec. 5104) Authorizes OPIC to commit investment financing for direct lending in an amount of up to $5 billion for FY 1995 through 1999. Extends OPIC's authority to carry out investment insurance and financing through FY 1999. (Sec. 5201) Directs the Corporation to refuse to insure, reinsure, or finance an investment for purposes of establishing in a foreign country any export processing zone or area in which the tax, tariff, labor, environment, and safety laws of that country do not apply to activities carried out in the area unless the assistance is not likely to cause a loss of jobs within the United States. Chapter 2: Trade and Development Agency - Incorporates certain existing provisions of law regarding the Trade and Development Agency. Chapter 3: Role of Related Programs - Sets forth policy regarding food security and Export-Import Bank programs. Title VI: Advancing Diplomacy - Sets forth policy regarding the advancement of diplomacy. Title VII: Special Authorities, Restrictions on Assistance, and Reports - Chapter 1: Special Authorities - Revises existing provisions regarding the President's authority to transfer funds between foreign assistance accounts. (Sec. 7102) Sets forth presidential special waiver authorities similar to those under existing law. Raises annual ceilings on the amounts that can be authorized for arms sales or leases or foreign assistance or for the use of foreign currencies under such authorities. (Sec. 7103) Raises the annual ceiling on the amount the President can use for unanticipated contingencies. (Sec. 7104) Provides for assistance for certain law enforcement functions. (Sec. 7106) Provides that restrictions contained in any Act with respect to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental or international organizations. (Sec. 7108) Authorizes the functions of this Act to be performed without regard to specified provisions of the Neutrality Act of 1939. (Sec. 7110) Incorporates certain existing provisions regarding the President's authority to conduct reimbursable programs. (Sec. 7111) Raises the ceiling on the amount of defense and services authorized to be drawn down in unforeseen emergencies or special circumstances. (Sec. 7113) Authorizes the use of sustainable development assistance funds to support development education programs. (Sec. 7114) Authorizes assistance to nongovernmental organizations to strengthen their capacity to carry out development programs. (Sec. 7115) Permits the use of certain funds under this Act to support activities of international tribunals, commissions, or panels to investigate or prosecute persons responsible for genocide, crimes against humanity, and other violations of international humanitarian law. Authorizes the President to draw down Federal property or services for such purposes. Chapter 2: Restrictions on Assistance - Incorporates and revises certain existing provisions to prohibit assistance to: (1) Communist countries; (2) human rights violators; (3) countries whose governments have expropriated U.S. property; (4) countries whose elected head of government is deposed by a military coup; (5) terrorist or major illicit drug producing or transit countries; and (6) countries in arrears to the U.S. Government for more than one year on any interest or principal on a loan or credit extended under this Act, the Arms Export Control Act, or the former authorities of the Foreign Assistance Act of 1961. (Sec. 7201) Provides for waivers of such restrictions if the President submits a certain report and the assistance: (1) is important to the national interest; (2) will directly benefit the needy; (3) is for refugees and displaced persons; or (4) will promote human rights and democracy. Requires the President to designate Communist countries. Prohibits the following with respect to human rights violators: (1) sales of defense articles and services and the issuance of export licenses under the Arms Export Control Act; and (2) the issuance of export licenses required for crime control and detection equipment under the Export Administration Act of 1979. Bars assistance under the Agricultural Trade Development and Assistance Act of 1954, the Peace Corps Act, and the Export-Import Bank Act of 1945 to terrorist countries. Prohibits arms sales under the Arms Export Control Act, the provision of agricultural commodities other than food under the Agricultural Trade Development and Assistance Act of 1954, and assistance under the Export-Import Bank Act of 1945 to major illicit drug producing and transit countries. (Sec. 7202) Prohibits the use of funds to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of employees in the United States; (2) assistance for developing an export processing zone or other designated area in which a country's tax, tariff, labor, environment, and safety laws do not apply to activities in the areas, unless the President certifies that such assistance is not likely to cause a loss of jobs within the United States; or (3) assistance for any project that contributes to the violation of workers' rights. (Sec. 7203) Incorporates existing prohibitions on the use of funds to coerce a person to practice abortions or to perform, or undergo, involuntary sterilization. (Sec. 7204) Declares that the President, in determining whether to provide assistance under this Act, should take into consideration whether assistance would be furnished to support an activity that is specifically designed to increase exports of any agricultural, textile, or apparel commodity from a developing country where such exports: (1) would be in direct competition with U.S. exports; and (2) can reasonably be expected to cause substantial injury to U.S. exporters of the same or a similar commodity. (Sec. 7205) Incorporates restrictions on nuclear enrichment and reprocessing transfers and illegal nuclear exports similar to those under existing law. Retains a requirement that conditions assistance for Pakistan on a certification that Pakistan does not possess a nuclear explosive device. (Sec. 7206) Sets forth prohibitions on assistance to major illicit drug producing and transit countries. Authorizes (current law requires) the President to withhold up to 50 percent of the assistance allocated to such a country until the country has taken adequate steps to control cultivation, smuggling, trafficking, and abuse of illegal drugs. (Sec. 7208) Permits the President to waive a limitation on participation in combatant duties by the armed forces in carrying out assistance programs if such limitation is not in the national interest. (Sec. 7209) Prohibits the use of development assistance for military or paramilitary purposes, with exceptions for military participation in training activities, conferences, and other sustainable development programs. (Sec. 7210) Incorporates certain existing provisions concerning the impact of development assistance programs on the environment. Urges (current law requires) the President to prepare and take into account environmental assessments of proposed programs. Chapter 3: Reports and Notifications to Congress - Sets forth requirements for: (1) congressional presentation documents for programs under titles I, II, and III of this Act; (2) human rights, international narcotics control, and annual allocation reports; (3) notification of program changes; and (4) the establishment of a program within the Agency for International Development (AID) to evaluate and monitor development program performance. Title VIII: General Provisions - Chapter 1: Exercise and Coordination of Functions - Incorporates existing provisions concerning delegation of authorities by the President and the roles of the Secretaries of State and Defense concerning foreign assistance. (Sec. 8104) Requires AID to be under the foreign policy guidance and subject to the supervision of the Secretary of State. Chapter 2: Administrative Authorities - Subchapter A: General Authorities - Incorporates certain existing provisions regarding the allocation of funds and reimbursement among Federal agencies. (Sec. 8202) Authorizes the President to charge fees for guarantees and loans issued in connection with assistance under this Act. Incorporates certain existing general assistance authorities. Authorizes any agency administering assistance under this Act to establish a working capital fund to be used for expenses related to the training of foreign nationals. Removes certain ceilings on the amount of assistance funds available for entertainment expenses, the acquisition of living quarters, schools, and hospitals for personnel, and the education of dependents. Subchapter B: Department of Defense Administrative Authorities - Incorporates certain existing provisions that make funds available for administrative expenses incurred in furnishing assistance through the Department of Defense (DOD). (Sec. 8212) Provides that no prior consent for transfer by a foreign country of defense articles sold by the United States shall be required if: (1) such articles constitute components incorporated into a foreign defense article; (2) the recipient is the government of a North Atlantic Treaty Organization (NATO) country, Australia, or Japan; (3) the U.S.-origin components were not significant military equipment and are not Missile Technology Control Regime items; and (4) the foreign country or persons transferring the items provide notification to the United States within 30 days following the transfer. Chapter 3: Special Requirements and Authorities Relating to Appropriations and Local Currencies - Subchapter A: Provisions Relating to Appropriations - Incorporates certain existing provisions that require authorization before funds appropriated for foreign assistance are expended. (Sec. 8302) Authorizes funds to remain available until expended. Subchapter B: Local Currencies - Incorporates certain existing provisions concerning the use of, and interest on, local currencies. Chapter 4: Procurement and Disposition of Articles - Requires the President to: (1) carry out assistance programs through private channels to the maximum extent practicable; (2) utilize the products and services of the U.S. private sector to operate projects in cases in which direct private investment is not readily encouraged; and (3) utilize goods and services of private enterprise on a contract basis in providing technical assistance. (Sec. 8403) Incorporates and revises certain existing authorities concerning shipping on U.S. vessels and the use of excess property in furnishing assistance. (Sec. 8405) Sets forth conditions on the transfer of excess defense articles. (Sec. 8407) Authorizes the President to designate countries in which a stockpile may be located. Chapter 5: Personnel and Administrative Expenses - Subchapter A: General - Authorizes the President to appoint 12 officers in AID. (Sec. 8502) Sets forth provisions regarding: (1) the employment of personnel; (2) the use of experts and consultants; and (3) the detail of personnel to foreign governments and international organizations. (Sec. 8511) Authorizes AID to expend funds in advance of appropriations in an amount sufficient to maintain operations at posts abroad for up to three days. Subchapter B: Overseas Management of Assistance and Sales Programs Administered Through the Department of Defense - Authorizes the President to detail members of the armed forces to foreign countries to perform certain functions for the management and sales programs administered through DOD under this Act and the Arms Export Control Act. (Sec. 8521) Requires advisory and training assistance by members of the armed forces to be kept to an absolute minimum. Subchapter C: Administrative Provisions for the Trade and Development Agency - Incorporates certain existing provisions concerning the Trade and Development Agency. Subchapter D: Administrative Provisions for the Overseas Private Investment Corporation - Incorporates certain existing administrative provisions for OPIC. Subchapter E: Definitions and Miscellaneous Provisions - Sets forth specified definitions. Title IX: Technical and Conforming Provisions - States that this Act shall take effect on October 1, 1994. (Sec. 9103) Incorporates certain existing provisions concerning: (1) the Federal Act of State doctrine; (2) accounting and valuation of foreign currencies and expropriated property; and (3) participation in foreign police actions. (Sec. 9104) Makes conforming amendments and repeals specified laws.
Bill· HRH.R. 3767 (103rd)referred
United States · United States Congress · 2 February 1994
HOME Investment Partnerships Act Amendments of 1994 - Amends the Cranston - Gonzalez National Affordable Housing Act to provide for State agency participation in the HOME investment partnership program (program). Eliminates the program's first-time homebuyer requirement. Requires HOME investment trust funds and specified homeless assistance programs to comply with current housing affordability strategy. Revises program matching requirements. Eliminates the program's independent audit requirement and revises environmental review provisions. Amends the Housing and Community Development Act of 1974 to: (1) permit the use of community development block grant (CDBG) funds for program administrative costs; and (2) suspend certain CDBG requirements for disaster areas. Amends the Cranston-Gonzalez National Affordable Housing Act to reduce matching grant requirements under the HOPE for homeownership of single family homes program.
Bill· HRH.R. 3775 (103rd)referred
United States · United States Congress · 2 February 1994
Agency for International Development Efficiency and Effectiveness Act of 1994 - Reduces budget authority and outlays for development assistance by specified amounts below the Congressional Budget Office baseline in FY 1995 through 1999. Requires the Agency for International Development (AID) to narrow its focus and fund fewer development assistance projects to achieve such budget savings. Directs AID to target assistance to lower income countries that have economic policies designed to encourage growth through free markets and trade, thereby reducing the number of countries that receive development assistance to approximately 60. Bars development assistance for middle income countries or lower income countries where such assistance has not shown results. Permits AID to provide assistance only for projects that focus on alleviating poverty and promoting economic development. Terminates the housing investment guaranty program under the Foreign Assistance Act of 1961 after September 30, 1994. Requires the President to transfer responsibility for administering all development assistance programs that have an objective other than alleviating poverty and promoting economic development from AID to a Government agency whose mission is closer to the objective. Transfers: (1) private sector activities to the Overseas Private Investment Corporation; and (2) environmental protection activities in developing countries to the Environmental Protection Agency. Requires transferred programs to be carried out with funds appropriated for that agency rather than with development assistance or international affairs program funds. Provides that this Act supersedes existing law applicable to AID development assistance.
Bill· SS. 1808 (103rd)referred
United States · United States Congress · 28 January 1994
Amends the Solid Waste Disposal Act to authorize States to enact and enforce laws that regulate the treatment, incineration, and disposal of municipal solid waste generated in another State. Prohibits owners or operators of landfills, incinerators, or other waste disposal facilities from accepting municipal solid waste generated outside the State unless they have a written authorization from: (1) the affected local government; and (2) any affected local solid waste planning unit. Exempts from such prohibition owners or operators that: (1) otherwise comply with all State laws relating to the treatment, incineration, or disposal of municipal solid waste; and (2) during 1992, accepted municipal solid waste generated outside the State for such purposes. Continues the validity of authorizations to conduct such activities that were issued prior to this Act's enactment. Requires owners or operators who expand landfills, incinerators, or other waste disposal facilities to obtain such authorizations prior to accepting waste generated outside the State. Provides for disclosure to interested persons of information regarding the site, environmental controls, required permits, personnel requirements, violations of regulations, and capital and insurance requirements prior to issuance of an authorization by the affected local government and local solid waste planning unit. Requires each State Governor to designate the type of political subdivision that shall serve as the affected local government with respect to authorizing facilities to accept out-of-State municipal solid waste under this Act.
Bill· HRH.R. 3747 (103rd)referred
United States · United States Congress · 26 January 1994
Safe Shipment and Handling Act of 1994 - Authorizes any port authority to: (1) establish, through a public comment process, reasonable guidelines to ensure that the unloading, transfer, and shipment of spent nuclear fuel at or through a port under its jurisdiction is conducted in a manner that protects the public health and safety and the environment in the port's vicinity; and (2) prohibit any such unloading, transfer, or shipment not in compliance with such guidelines. Specifies certain contents of such guidelines. States that nothing in this Act shall affect the liability or indemnification of the port in the handling of nuclear materials.
Bill· HRH.R. 3750 (103rd)referred
United States · United States Congress · 26 January 1994
Nuclear Disarmament and Economic Conversion Act - Requires the U.S. Government to: (1) disable and dismantle all its nuclear weapons and refrain from replacing them at any time with weapons of mass destruction; (2) undertake vigorous good faith efforts to eliminate war, armed conflict, and all military operations; (3) actively promote policies to induce all other countries to join in these commitments for peace on earth; and (4) redirect resources that are currently being used for nuclear weapons programs to constructive, ecologically beneficial peacetime activities and to address human needs such as housing, health care, education, agriculture, and environmental protection. Makes this Act effective when the President certifies to the Congress that all foreign countries possessing nuclear weapons have established legal requirements comparable to those set forth in this Act.
Bill· HRH.R. 3721 (103rd)open
United States · United States Congress · 25 January 1994
TABLE OF CONTENTS: Title I: Targeting Habitual Repeat and Violent Criminal Offenders Subtitle A: Expanding the Capacity of State Correctional Facilities Subtitle B: Major Offenders Programs and Felony Parole Violators Title II: Ending the Double Victimization of Society Subtitle A: Denial of Federal Benefits Subtitle B: Prison Work Programs Title III: Repeal of Supervised Release Program Title IV: Drug Paraphernalia Tax Title V: Financing Subtitle A: National Security Subtitle B: Physical Capital, Natural Resources, and Science Subtitle C: Government Management Subtite D: Human Resources Subtitle E: Social Services and Retirement Violent and Repeat Offenders Act of 1994 - Title I: Targeting Habitual Repeat and Violent Criminal Offenders - Subtitle A: Expanding the Capacity of State Correctional Facilities - Authorizes the Director of the Bureau of Justice Assistance to make grants to States to construct additional correctional facilities for the purpose of increasing prison capacity to make habitual and violent criminal offenders serve the full term of their sentences. Specifies that such construction should aim to provide sufficient capacity to incarcerate such offenders who exhibit a high risk for continued or violent criminal activity for such terms, including individuals: (1) with three or more arrests by age 18; (2) with a history of violent criminal offenses; and (3) exhibiting a pattern of crimes of premeditation and deliberation for whom a prison stay may have a significant deterrent value. Authorizes the Director to make such grants to States to operate prison facilities including costs for administration and staff. (Sec. 102) Sets forth application requirements. Directs that each State application include a comprehensive plan containing: (1) a description of the correctional facility needs in the State, including relevant supporting data; (2) a description of the resources available to build additional correctional facility capacity, together with an account of the expenses involved that cannot be met with existing resources at the State and local levels; (3) an explanation of how the State will be able to sustain the increased operation and maintenance costs of expanded correctional facility capacity; and (4) an evaluation component, including quantifiable data, that measures progress toward meeting the prison capacity goals under this subtitle. (Sec. 103) Sets forth provisions regarding: (1) fund allocation; (2) grant renewal and limitations; and (3) grant approval and disapproval procedures. Subtitle B: Major Offenders Programs and Felony Parole Violators - Authorizes the Director to make grants to States, for use by the States and units of local government, for purposes of developing and increasing the capacity and the effectiveness of major offenders programs that prioritize the arrest and prosecution of habitual and violent criminal offenders. Specifies that such programs shall include: (1) establishment or expansion of specialized major offender units in law enforcement and criminal prosecutor offices to identify, monitor, arrest, and prosecute major offenders; and (2) establishment or expansion of a State crime information center computer database to include the complete arrest histories of major offenders and parole violator units and other relevant information for use by law enforcement officers and criminal prosecutors. (Sec. 113) Sets forth application requirements. Directs that each State application include a comprehensive plan containing: (1) a description, with supporting data, of the crime problems attributable to major offenders and parole violators that improved law enforcement and prosecution programs may be able to decrease; (2) a description of the resources available to implement or expand major offenders and parole violators programs; and (3) an evaluation component. (Sec. 114) Sets forth provisions regarding: (1) local applications; (2) fund allocation; (3) grant renewal and limitations; and (4) grant approval and disapproval procedures. Authorizes appropriations. Title II: Ending the Double Victimization of Society - Subtitle A: Denial of Federal Benefits - Makes any individual who is convicted of three Federal or State felony offenses ineligible for any Federal benefits. (Sec. 212) Requires: (1) State and Federal courts to send information, as determined necessary by the Director of the Office of Justice Assistance, regarding the conviction of third-time felons to such Office in a timely manner; (2) such Office to maintain a computer listing of individuals convicted of a third Federal or State felony offense and update such list in a timely manner; (3) such Office to transfer the names of such individuals to the General Services Administration for inclusion in the publication "Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs"; and (4) representatives of a Government agency that is responsible for the distribution of a Federal benefit to consult such publication before granting such benefit. (Sec. 214) Authorizes appropriations. Subtitle B: Prison Work Programs - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require a State, in order to avoid a reduction of available funds by 25 percent (for redistribution to other participating States), to implement or continue a prison workfare program that requires an inmate who is physically able (as determined by the State Director of Corrections) to work a portion of each day. Title III: Repeal of Supervised Release Program - Repeals provisions authorizing the court to include a term of supervised release after imprisonment. Title IV: Drug Paraphernalia Tax - Amends the Internal Revenue Code to impose a tax, equal to 100 percent of the price for which sold, on taxable smoking paraphernalia manufactured in or imported into the United States. Increases the tax on cigarette papers. Title V: Financing - Subtitle A: National Security - Expresses the sense of the Congress that the President should negotiate with member nations of the North Atlantic Treaty Organization (NATO) and any other foreign nation with which the United States has a bilateral or multilateral defense agreement, with certain exceptions, to seek an agreement that provides for such nation to pay at least 50 percent of the overseas basing costs incurred by the United States for stationing its members and civilian personnel in that nation. Limits the U.S. share of overseas basing coats for FY 1995 and thereafter, lowering such percentage from 84 percent of such costs for FY 1995 to 50 percent of such costs for FY 1998 and thereafter. (Sec. 502) Directs the Secretary of the Army to reorganize and reduce offices of the U.S. Army Corps of Engineers in order to achieve at least $50 million in net annual savings by FY 1998. (Sec. 503) Rescinds specified military construction and defense procurement funds during FY 1994, as well as specified funds for the MK-19 grenade launcher program. (Sec. 505) Directs the Secretary of Defense to cancel the C-26 aircraft program and the Mobile In-Shore Undersea Warfare Vans program. (Sec. 507) Rescinds or reduces: (1) FY 1994 defense operation and maintenance funds; (2) funding for the Food for Peace program under the Agricultural Trade Development and Assistance Act of 1954 (with a modification of loan terms); (3) funds for the International Bank for Reconstruction and Development; (4) funding for the International Development Association under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994; (5) funds for foreign military financing under the same Act; and (6) funds for the Agency for International Development, Department of State, and the United States Information Agency. Subtitle B: Physical Capital, Natural Resources, and Science - Terminates the spacelifter program. (Sec. 522) Department of Science, Space, Energy, and Technology Organization Act of 1993 - Establishes the Department of Science, Space, Energy, and Technology (Department). Transfers the following entities to the Department: (1) the National Aeronautics and Space Administration; (2) the National Institute of Standards and Technology; (3) the National Science Foundation; (4) the National Oceanic and Atmospheric Administration; (5) the Patent and Trademark Office; (6) the Department of Energy, renamed the National Energy Administration, except for specified facilities to be transferred to the Department of Defense; and (7) the National Telecommunications and Information Administration. (Sec. 523) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to eliminate and rescind funding for the magnetic levitation prototype development program. (Sec. 524) Rescinds funding from specified National Institutes of Health, independent agencies, and Department of Defense accounts for federally sponsored university research and development programs. (Sec. 525) Directs the Secretaries of Energy and Commerce to establish procedures for recoupment of certain grants undertaken by their respective Departments. Authorizes the Secretaries to require recoupment as necessary. (Sec. 526) Eliminates the competitive contracting exclusion for contracts involving federally funded research and development centers and Federal executive agencies or the Department of Defense. (Sec. 527) Terminates (and rescinds funding for) the Modular High-Temperature Gas-Cooled Reactor program. (Sec. 528) Establishes the Department of Energy Facilities Closure and Reconfiguration Commission which shall review and recommend (based upon the Secretary of Energy's recommendations) closures and reconfigurations for Department of Energy facilities. Appropriates Commission funds. Terminates the Commission not later than 20 months after enactment of this Act. Sets forth the procedures for facilities closure and reconfiguration, including presidential and congressional review. Establishes in the Treasury a Department of Energy Facility Closure Account. (Sec. 529) Authorizes the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project to the Alaska Power Authority (now known as the Alaska Industrial Development and Export Authority) or its successor; and (2) the Eklutna Hydroelectric Project to the Municipality of Anchorage, doing business as Municipal Light and Power, the Chugach Electric Association, Inc., and the Matanuska Electric Association. Authorizes appropriations. Directs the Secretary of Energy to assess alternative options before making such sales. (Sec. 531) Rescinds funding for the SPR petroleum account. (Sec. 532) Directs the Secretary of the Interior to study the termination of the helium subsidy. (Sec. 533) Rescinds funding for certain water projects. (Sec. 534) Amends the Comprehensive Environmental Response, Compensation and Liability Act to establish a preference for interim measures rather than permanent treatment technologies in Superfund response actions. Amends the Superfund Amendments and Reauthorization Act of 1986 to authorize appropriations for the Superfund. Amends the Internal Revenue Code to limit funds from the Superfund to such authorization amounts. (Sec. 535) Establishes in the Office of the Secretary of the Treasury a Disaster Relief Account. Rescinds specified disaster relief funding under the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1994. (Sec. 536) Repeals title VII (weather office closure procedures) of the National Oceanic and Atmospheric Administration Authorization Act of 1992. Rescinds specified National Weather Service funding under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1994. (Sec. 537) Rescinds specified funding for the National Oceanic and Atmospheric Administration (NOAA) research fleet and certain other activities under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1994. (Sec. 539) Directs the Secretary of the Interior and the Secretary of the Army to jointly study the feasibility of merging the Bureau of Reclamation and the United States Army Corps of Engineers. (Sec. 540) Rescinds specified Cooperative State Research Service facilities funding under the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1994. (Sec. 541) Repeals authority for the: (1) airway science program; (2) collegiate training initiative; and (3) air carrier maintenance technician training facility grant program. Rescinds specified funding for Federal Aviation Administration operations and facilities and equipment. (Sec. 542) Repeals the Symms National Recreational Trails Act of 1991. (Sec. 543) Repeals specified Economic Development Administration funding under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1994. (Sec. 544) Amends the Communications Act of 1934 to eliminate funding for public telecommunications facilities. Rescinds specified telecommunications funding under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1994. (Sec. 545) Establishes a moratorium on construction or acquisition of new Federal buildings. Subtitle C: Government Management - Transfers the position of Public Printer (PP) and all associated functions (except those of the Superintendent of Documents (SD)) to the executive branch. (Sec. 551) Transfers the SD position and all associated functions to the Library of Congress where they will be carried out by the SD under the direction of the Librarian of Congress (LC). Requires the SD to be appointed by, and serve at the pleasure of, the LC. Revokes all existing authorized printing plant charters. Requires all Government publications to be available throughout the Government to any department, agency, or entity of the Government for use or redissemination. Requires Government entities to: (1) establish and maintain a comprehensive inventory of their publications; (2) make such inventory available through the electronic directory; and (3) furnish their publications to the SD in the prescribed form and manner. Imposes additional specified responsibilities on: (1) the PP with respect to the executive and judicial branches, including using all necessary measures to remedy duplication and waste in public printing and prescribing publishing standards and procurement requirements; and (2) the SD with respect to dissemination of Government publications, including making publications available to designated depository and State libraries. (Sec. 552) Expresses the sense of the Congress that: (1) the Bureau of Indian Affairs should be reorganized as specified; and (2) such reorganization should be pursued in coordination with the Task Force on Bureau of Indian Affairs reorganization. (Sec. 553) Makes specified rescissions of various executive agencies' FY 1994 funding for printing and reproduction and for supplies and materials. (Sec. 554) Directs the Secretary of Housing and Urban Development (HUD) to streamline HUD, including eliminating a specified number of employee positions and consolidating various offices. (Sec. 555) Terminates the Interstate Commerce Commission (ICC), transfers all associated functions to the Secretary of Transportation, and rescinds specified FY 1994 ICC funding, and transfers other ICC funding to the Department of Transportation. (Sec. 556) Makes specified rescissions of Tennessee Valley Authority and Appalachian Regional Commission funds. (Sec. 558) Directs the Secretary of Veterans Affairs to implement a prospective payment system for the Veterans Health Administration. (Sec. 559) Makes a specified rescission of FY 1994 funding for the Legal Services Corporation. (Sec. 560) Repeals the State Justice Institute Act of 1984, thereby abolishing the State Justice Institute (SJI), and rescinds a specified amount of FY 1994 SJI funding. (Sec. 561) Reorganizes the U.S. Marshals Service. (Sec. 562) Makes specified rescissions of FY 1994 funds for: (1) the Bureau of Alcohol, Tobacco and Firearms; (2) construction of Federal offices and courthouses; (3) the Executive Office of the President and the legislative branch (except the Senate); (4) House of Representative franking; and (5) certain official Government travel. (Sec. 568) Eliminates the 1994 calendar year cost-of-living adjustment (COLA) for Members of Congress, and limits future adjustments for Members to the same percentages as those for Federal employees. (Sec. 569) Ends unlimited accumulation of annual leave for members of the Senior Executive Service and rescinds a specified amount of FY 1994 funds for executive agency accrued leave payments. (Sec. 570) Sets specified limits on the total number of full-time equivalent executive agency positions each fiscal year through FY 1998. Gives the Office of Management and Budget enforcement authority over such limits, and, provides for waivers from such limits under certain conditions. Rescinds a specified amount of FY 1994 funds for executive agency employee compensation. (Sec. 572) Terminates specified Federal advisory committees. (Sec. 573) Increases the threshold for application of the Davis-Bacon Act. Rescinds a specified amount of FY 1994 executive agency funds for construction activities under Davis-Bacon. (Sec. 574) Amends Federal law commonly known as the Copeland Act to require employers on contracts covered by Davis-Bacon to certify compliance with applicable labor law standards at least once a month to the Department of Labor, instead of submitting weekly payroll records. Rescinds a specified amount of FY 1994 funds for executive agency construction activities under Copeland. (Sec. 575) Requires the Secretary of the Treasury to establish a program requiring user fees for applications for alcohol labeling and formula reviews. (Sec. 576) Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to increase registration fees. Requires the amounts collected as registration fees to be deposited into the Treasury for use towards the salaries and expenses of Securities and Exchange Commission employees. (Sec. 577) Requires States participating in marketing activities or tourism promotion abroad through the U.S. Travel and Tourism Administration to pay user fees to fund the Administration. Requires the Secretary of Commerce to establish a program requiring the payment of user fees for all services provided to all non-Federal entities by the International Trade Administration in carrying out its export promotion programs. Subtitle D: Human Resources - Terminates Department of Housing and Urban Development (HUD) assistance for public housing construction, other than Indian public housing. Reallocates specified rescinded funding to the Section 8 housing voucher program. (Sec. 582) Amends the Housing and Community Development Amendments of 1978 to revise provisions regarding the management and disposition of HUD-held multifamily properties and mortgages. (Sec. 583) Terminates specified annual grant assistance to the Commonwealth of the Northern Mariana Islands as of September 30, 1993. Subtitle E: Social Services and Retirement - Amends Federal civil service law to add special rules for certain post-1993 new employees and Members of Congress. (Sec. 592) Makes changes with regard to Government contributions to the Thrift Savings Plan. (Sec. 593) Defers until age 62 COLAs for military retirees who first entered military service on or after January 1, 1994. (Sec. 594) Amends title XX (Block Grants to States for Social Services) of the Social Security Act (SSA) to consolidate into a single block grant program various specified social services programs, including the at-risk child care program under SSA title VI part A (Aid to Families with Dependent Children). (Sec. 595) Amends the Higher Education Act of 1965 to prohibit the award of Pell grants to prisoners.